I have almost completed a rear residential unit development (two on a block). am currently in an unusual situation and would like to get feedback on this.
Handover for this unit is imminent except for a few minor touch ups, and the more major fact that electricity has not been installed yet.
(Throughout the development, electricity for the development at the back has been supplied through the a mutual arrangement with the owners of the front unit. )
Now that we are almost at completion, for atleast 4 weeks now, a number of attempts have been made to organise truck appointments with the retailer / distribution companies, and organise for new metering to be installed for the back unit. Unfortunately due to a series of errors on paperwork, plus lack of communication and coordination between my builder and the front unit’s electrician, electricity is yet to be installed. The last round of paperwork (4th application) was resumbmitted yesterday, and timeframes provided by the distribution company for install are 10 business days. I am told the paperwork is now correct, but I have no assurances of this given past history.
My builder is pushing for handover despite no electricity. I am trying to hold off on this. Once I handover final payment:
– there is no longer any incentive for the builder to have any momentum to push for the electricity install asap. I feel they still need to be accountable for it.
– I am left sitting with a unit that is not fully functioning, that will now sit under my insurance. Saying that, I have still pushed on with advertising, it will hit the rental internet pages, most likely early next week.However, according to the builder, his contract (std HIA) has now been fulfilled and the supply of electricity is not necessary to be completed for the purposes of handover. His obligation is to ensure compliance for the electrics installs in the house (which has been received). I haven’t been able to test yet.
I can’t find any reference to this on the HIA contract to guide me. I don’t want to be unreasonable. Am I within my rights?
Thanks for reading,
mccoz
have you spoken to your soliitor about this?
Jacqui Middleton | Middleton Buyers Advocates
http://www.middletonbuyersadvocates.com.au
Email Me | Phone MeVIC Buyers' Agents for investors, home buyers & SMSFs.
Hi JacM,
No not yet. Just wondering whether any one in the PI community had any experience on this one. You’re right though. The solicitor will be the final call.
mccoz
I'd call straight away, as it will be a matter of the contract of sale details. Once you are clear in your mind about where you stand, you will be able to stand firm and not crumble and hand over money prematurely.
Jacqui Middleton | Middleton Buyers Advocates
http://www.middletonbuyersadvocates.com.au
Email Me | Phone MeVIC Buyers' Agents for investors, home buyers & SMSFs.
Hhhhmm, I built a house and there were some minor things not installed that made it not functional. The builder argued that these things were not necessary for the house to function. I short paid him the price of not getting those things installed. He would not hand over the keys to which I responded I would end the contract- he handed over the keys within an hour. Look VERY closely at your contract- solicitors cost a lot of money. I went t to consumer affairs but they kind of went- oh well- just pay him. HIA and the other body – name escapes me- are really bodies which are run for and by builders. Try not to engage a solicitor- but do stand your ground on this.
Thanks JacM and Rarahprincess for your comments. Hopefully this will be in a non issue and electricity will in next week, in the meantime, I’d better confirm my understanding of where i stand.
mccoz
has the builder submitted the NOE? Have meters been installed? Are the overhead wires connected to the house? The builder is generally only required to submit the notification of electrical works to the authority, provide the point of attachment, wiring to the board, have the installation inspected & meters installed. It is your obligation to make application for the supply of electricity to the meter. If the energy supplier cannot energise the house, the the builder has not completed his work.
Scott No mates,
Can you define NOE? BTW we are in Victoria.
From my understanding, the builder has organised the point of attachment, but we are all waiting for Jemena (distribution co) to come in and install the meters.
The builder’s electrician then organised the paperwork for Jemena to make the final connection. It sounds like both the builder and I are waiting for this third party to complete the works.
mccoz
it falls squarely on the builder’s shoulders, he organisers jemena to install the metering.
Notification Of Electrical works = NOE
That’s great. Thanks for clarifying.
mccoz
Hello Mate,
Sorry to hear abt ur situation,, pls see wht ur solicitor says,,, and If you don't mind can you pls let us know the name of the builder so that others are aware as well of whats going on,, and whats the name of culprit builder,,,,,,,,,,,,,,,,,,,,Master Builders Association was the other body- they are set up by builders for builders really. Call Consumer Affairs- a solicitor is costly. Or it seems that this guy: Anthony – Legal Director – Australian Legal & Finance
Email: [email protected] 1300 559 073
Web : http://www.legalandfinance.com.au “Bridging the Gap” in knowledge for ordinary Australians
Posts on this forum a lot. Surprised he has not answered your Q.You DO need to stand tough- don’t hand over the money until you are happy- although as “scott no mates” says: “It is your obligation to make application for the supply of electricity to the meter. If the energy supplier cannot energise the house, the the builder has not completed his work.”
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